Criminal Defense of Immigrants

A noncitizen is inadmissible if s/he is “determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict . . . .”[77]  This ground of inadmissibility does not require a conviction.  Admission of drug abuse or addiction to a physical examiner (often required in order to enter the United States) may be sufficient to trigger this ground.[78]

[77] INA § 212(a)(1)(A)(iii), 8 U.S.C. § 1182(a)(1)(A)(iii); 42 C.F.R. § 34.2.  This is also a ground of deportation.  See § 21.15, infra.

[78] Pazcoguin v. Radcliffe, 292 F.3d 1209, as amended on denial of rehearing and rehearing en banc, 308 F.3d 934 (9th Cir. 2002) (upholding exclusion based on admission of smoking marijuana in Philippines made during immigration medical examination).